Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 177 is up to date with all changes known to be in force on or before 07 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 177:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 10Management of offenders
CHAPTER 3Management of sex offenders
Sexual harm prevention orders and sexual risk orders
177Positive requirements: further amendments
(1)
In section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland)—
(a)
in subsection (6), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
(b)
in subsection (7), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
(2)
“(1ZA)
A person commits an offence if, without reasonable excuse, the person—
(a)
contravenes a prohibition imposed by—
(i)
a sexual harm prevention order,
(ii)
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
(iii)
an interim sexual harm prevention order,
other than a prohibition on foreign travel, or
(b)
fails to comply with a requirement imposed by—
(i)
a sexual harm prevention order,
(ii)
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
(iii)
an interim sexual harm prevention order.”
(3)
In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or interim RSHO etc)—
(a)
in subsection (1) omit paragraphs (c) and (d), and
(b)
“(1A)
A person who, without reasonable excuse—
(a)
does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
(b)
fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.”
(4)
In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders throughout the United Kingdom), after “prohibitions” insert “or requirements”
.
(5)
In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland)—
(a)
in subsection (5), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
(b)
in subsection (6), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
(6)
In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland)—
(a)
in subsection (4), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
(b)
in subsection (5), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
(7)
In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—
(a)
“(1A)
A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom.”,
(b)
in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”
, and
(c)
in subsection (4), after “prohibitions” insert “or requirements”
.